Eli Lilly & Company v Pfizer Ireland Pharmaceuticals (No 2) [2004] FCA 850

FEDERAL COURT OF AUSTRALIA

Eli Lilly & Company v Pfizer Ireland Pharmaceuticals (No 2) [2004] FCA 850 INTELLECTUAL PROPERTY – privilege of registered patent attorneys – whether extending to communications with patent attorneys not registered in Australia WORDS AND PHRASES – "registered patent attorney"

Patents Act 1990 (Cth), s 200(2) Federal Court Rules O 33 r 12

Wilden Pump Engineering Co v Funfeld [1985] FSR 159 at 168 applied Pfizer Pty Ltd v Warner Lambert Pty Ltd (1989) 24 FCR 47 applied Kennedy v Wallace [2004] FCA 332 at [57] referred to ELI LILLY AND COMPANY & ORS V PFIZER IRELAND PHARMACEUTICALS & ANOR (No 2) V604 OF 2002 HEEREY J 30 JUNE 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V604 OF 2002

BETWEEN: ELI LILLY AND COMPANY

FIRST APPLICANT/FIRST CROSS-RESPONDENT

ELI LILLY AUSTRALIA PTY LTD (ACN 000 233 992)

SECOND APPLICANT/SECOND CROSS-RESPONDENT

ELI LILLY AND COMPANY LIMITED

THIRD APPLICANT/THIRD CROSS-RESPONDENT

AND: PFIZER IRELAND PHARMACEUTICALS

FIRST RESPONDENT/FIRST CROSS-CLAIMANT

PFIZER PTY LIMITED (ACN 008 422 348)

SECOND RESPONDENT/SECOND CROSS-CLAIMANT

JUDGE: HEEREY J

DATE OF ORDER: 30 JUNE 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The respondents/ cross-claimants produce to the applicants/ cross-respondents the documents identified as items 1 and 2 in the Notice to Produce dated 24 June 2004 2. The respondents/ cross-claimants pay the applicants/ cross-respondents' costs of today's hearing. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V604 OF 2002